Publication Date
4-3-2023
Abstract
In 1978, Congress enacted the Indian Child Welfare Act (ICWA) to address a national issue—child welfare agencies were removing American Indian and Alaska Native children from their homes and placing them in non-Native homes at alarming rates. Systemic bias against Native cultures fueled these removals, which resulted in Native children being stripped of their identities and tribes struggling to pass on their histories and traditions with a dwindling number of Native children in the community. Under ICWA, however, courts must apply certain procedural safeguards in cases involving families with “Indian children.” In People ex rel. K.C. v. K.C., the Colorado Supreme Court held that child welfare agencies are not required to help families tribally enroll eligible children, even if asked to do so by the tribe itself. The protections of ICWA only apply to “Indian children,” which the law defines as those who have been tribally enrolled or those who are eligible for enrollment and have an enrolled parent. This Comment argues that the court in K.C. should have held that child welfare agencies are required to offer families education and assistance regarding tribal enrollment if a child is eligible. First, this Comment argues that the court should require caseworkers to offer enrollment education and assistance because it is simply a reasonable effort to reunify the family, as tribal enrollment materials are often highly accessible, and ICWA protections may help to increase the odds of family reunification. Next, this Comment argues that Colorado law already requires tribal enrollment education and assistance because Colorado’s “reasonable efforts” statute requires caseworkers to offer families individual case plans and information about public and private assistance resources—two categories in which enrollment facilitation should be included. Lastly, this Comment argues that helping families tribally enroll children promotes reunification and is in the best interests of children, which are two primary focuses of child welfare agencies.
First Page
465
Recommended Citation
Katelyn Elrod, People ex Rel. K. C. v. K. C.: ICWA Is for All Native Children, 100 DENV. L. REV. 465 (2023).